[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                  FEDERAL POWER ACT AMENDMENTS OF 1994

  Mr. SHARP. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the Senate bill (S. 2384) to extend the deadlines 
applicable to certain hydroelectric projects under the Federal Power 
Act, and for other purposes, and ask for its immediate consideration in 
the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore (Mr. Kildee). Is there objection to the 
request of the gentleman from Indiana?
  Mr. MOORHEAD. Mr. Speaker, reserving the right to object, I shall not 
object, but I rise to ask the gentleman from Indiana [Mr. Sharp] to 
explain the bill, and I yield to the gentleman from Indiana for that 
purpose.
  Mr. SHARP. Mr. Speaker, I thank the gentleman for yielding.
  This legislation addresses problems in five areas of the Federal 
Energy Regulatory Commission's jurisdiction over hydropower projects 
and renewable resources.
  First, the bill authorizes the Federal Energy Regulatory Commission, 
or FERC, to extend the time required for commencement of construction 
of several projects, for a maximum of 2 years each. This authority 
expires 3 years from the date of enactment. Where a construction 
license has already been extended more than two times, FERC is directed 
to report to Congress on the reasons for the delay.

  This approach is consistent with prior House actions extending other 
hydropower construction licenses under the Federal Power Act. The 
affected projects are located in Arkansas, Illinois, Idaho, Kentucky, 
Ohio, Oregon, Pennsylvania, Washington, and West Virginia.
  Second, the legislation provides for a limited exemption for a 
hydropower project located in Rio Arriba County, NM, insofar as FERC 
determines this is consistent with the public interest. This will 
permit the continued use of an electrical transmission line connecting 
the project to the main grid, consistent with the requirements of the 
Federal Power Act and all affected FERC licensees.
  Third, the bill authorizes FERC to exempt two hydroelectric projects 
located in Alaska from certain licensing requirements, in order to 
expedite their consideration. This approach builds on a process under 
the Energy Policy Act of 1992 which retains all substantial wildlife 
protections, and permits FERC to impose conditions on any such license 
in order to protect these and other important values.
  Fourth, the legislation directs FERC to make recommendations to the 
Congress in 1995 regarding legislation to transfer to the State of 
Hawaii all or part of its authority under the Federal Power Act for 
licensing new hydroelectric projects in the State. This transfer would 
not alter the applicability of other Federal environmental laws and 
regulations. During its consideration, the FERC is required to obtain 
the views of the State of Hawaii, as well as the other Federal 
environmental agencies, before forwarding any recommendations to the 
Congress.
  Finally, the bill extends for a period of 2 years the removal of the 
size cap on renewable generation resources under the Public Utility 
Regulatory Policies Act of 1992.
  Mr. MOORHEAD. Mr. Speaker, further reserving the right to object, I 
strongly support the passage of S. 2384. The bill addresses several 
important hydroelectric and renewable energy issues. First, the bill 
would authorize the extension of deadlines for the construction of 13 
hydroelectric projects licensed under the Federal Power Act.
  In addition to the license extensions, the bill has provisions 
authorizing the Federal Energy Regulatory Commission to exempt small 
hydroelectric facilities in Alaska from its jurisdiction. The bill also 
requires the FERC to make recommendations regarding the transfer of 
FERC licensing authority to the State of Hawaii.
  Finally, the bill would extend for 2 years the existing exemption for 
renewable power generation facilities from the 80 megawatt size cap for 
qualifying facilities under PURPA. If the exemption is not extended, it 
will lapse in December, preventing the development of efficient 
renewable power resources under PURPA.
  It is important that these issues be resolved to ensure that our 
Federal statutes and regulations do not get in the way of 
environmentally sound and efficient hydroelectric and renewable energy 
development.
  Mr. STUDDS. Mr. Speaker, I am rising in support of the Committee 
Substitute Amendments to S. 2384.
  In particular, I would like to clarify one of the Committee's 
provisions contained in title VI of the bill. These amendments would 
partially exempt certain hydropower projects from requirements under 
the Federal Power Act. The Merchant Marine and Fisheries Committee 
agrees with this language with the caveat that the protections for fish 
and wildlife presently contained in the Federal Power Act remain in 
place. These hydropower projects would still have to meet conditions to 
mitigate damage to fish and wildlife as set by the Fish and Wildlife 
Service and the National Marine Fisheries Service. While the Committee 
supports the attempt to remove some of the more bureaucratic 
requirements of the hydropower licensing process, we believe the 
protections of fish and wildlife should remain intact.
  In closing, I would like to again express my support for the bill, 
and to commend Chairman Dingell for his continuing attention to health 
of our Nations aquatic ecosystems.
  Mr. MOORHEAD. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Indiana?
  There was no objection.
  The Clerk read the Senate bill, as follows:

                                S. 2384

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Power Act Amendments 
     of 1994''.

                TITLE I--PROJECTS IN THE STATE OF ALASKA

     SECTION 101. STATE LICENSING JURISDICTION OVER SMALL 
                   PROJECTS.

       The Federal Power Act, as amended, (16 U.S.C. 791a et seq.) 
     is further amended by adding the following at the end of 
     section 23:
       ``(c) In the case of any project works in the State of 
     Alaska--
       ``(1) that are not part of a project licensed under this 
     act prior to the date of enactment of this subsection;
       ``(2) for which a license application has not been accepted 
     for filing by the Commission prior to the date of enactment 
     of this subsection (unless such application is withdrawn at 
     the election of the applicant);
       ``(3) having a power production capacity of 5,000 kilowatts 
     or less;
       ``(4) located entirely within the boundaries of a single 
     State; and
       ``(5) not located in whole or in part on any Indian 
     reservation, unit of the National Park System, component of 
     the wild and Scenic Rivers System or segment of a river 
     designated for study for potential addition to such system, 
     the State in which such project works are located shall have 
     the exclusive authority to authorize such project works under 
     State law, in lieu of licensing by the Commission under the 
     otherwise applicable provisions of this part, effective upon 
     the date on which the Secretary of Energy determines, after 
     notice and an opportunity for public comment, that the State 
     has assessed its river resources in a comprehensive way and 
     has in place a process for regulating such projects which 
     gives consideration to the improvement or development of the 
     State's waterways for the use or benefit of intrastate, 
     interstate, or foreign commerce, for the improvement and use 
     of waterpower development, for the protection, mitigation of 
     damage to, and enhancement of fish and wildlife (including 
     related spawning grounds), and for other beneficial public 
     uses, including irrigation, flood control, water supply, 
     recreational and other purposes, and Indian rights, if 
     applicable. Upon notice from the Governor of the State, the 
     Secretary of Energy shall immediately initiate the process to 
     make this determination, and shall complete said process and 
     make a determination within 180 days of such notice.
       ``(d) In the case of a project that would be subject to 
     authorization by a State under subsection (c) but for the 
     fact that the project has been licensed by the Commission 
     prior to the enactment of subsection (c), the licensee of 
     such project may in its discretion elect to make the project 
     subject to the authorizing authority of the State.
       ``(e) With respect to projects located in whole or in part 
     on Federal lands, State authorizations for project works 
     pursuant to subsection (c) of this section shall be subject 
     to the approval of the Secretary having jurisdiction with 
     respect to such lands and subject to such terms and 
     conditions as the Secretary may prescribe.
       ``(f) Nothing in subsection (c) shall preempt the 
     application of Federal environment, natural, or cultural 
     resources protection laws according to their terms.''.

     SEC. 102. REMOVAL OF FEDERAL ENERGY REGULATORY COMMISSION 
                   JURISDICTION.

       The following projects located entirely within the State of 
     Alaska are removed from the jurisdiction of the Federal 
     Energy Regulatory Commission and all applicable laws and 
     regulations relating to such jurisdiction--
       (1) a project located at Sitka, Alaska, identified in FERC 
     Docket No. UL89-08; and
       (2) a project located near Nondalton, Alaska, identified in 
     FERC Docket No. EL88-25.

              TITLE II--PROJECTS IN THE STATE OF ARKANSAS

     SEC. 201. EXTENSION OF DEADLINE.

       That notwithstanding the time limitations of section 13 of 
     the Federal Power Act, the Federal Energy Regulatory 
     Commission, upon the request of the licensee for FERC 
     projects numbered 4204, 4660 and 4659 (and after reasonable 
     notice), is authorized, in accordance with the good faith, 
     due diligence and public interest requirements of such 
     section 13 and the Commission's procedures under such 
     section, to extend the time required for commencement of 
     construction of the projects for a maximum of two years. This 
     section shall take effect for the project upon the expiration 
     of the extension (issued by the Commission under such section 
     13) of the period required for commencement of construction 
     of such project.

               TITLE III--PROJECTS IN THE STATE OF HAWAII

     SEC. 301. EXEMPTION FOR PROJECTS ON FRESH WATERS IN THE STATE 
                   OF HAWAII.

       Section 4(e) of the Federal Power Act is amended by 
     striking ``several States, or upon'' and inserting ``several 
     States (except fresh waters in the State of Hawaii, unless a 
     license would be required by section 23 of the Act), or 
     upon''.

                TITLE IV--PROJECTS IN THE STATE OF IDAHO

     SEC. 401. EXTENSION OF DEADLINE.

       Notwithstanding the time limitation of section 13 of the 
     Federal Power Act, the Federal Energy Regulatory Commission, 
     upon the request of the licensee for FERC project numbered 
     4797, is authorized, in accordance with the good faith, due 
     diligence, and public interest requirements of such section 
     13 and the Commission's procedures under such section, to 
     extend until March 28, 2000 the time required for the 
     licensee to commence the construction of such project.

               TITLE V--PROJECTS IN THE STATE OF ILLINOIS

     SEC. 501. PROJECT NUMBER 3943.

       The Federal Energy Regulatory Commission is authorized and 
     directed to reinstate effective August 16, 1994 the 
     hydroelectric license previously issued for Project Number 
     3943. Within the meaning of section 13 of the Federal Power 
     Act time required for the commencement of construction of 
     such project shal be reinstated for not more than 3 
     consecutive 2-year periods.

     SEC. 502. PROJECT NUMBER 3944.

       The Federal Energy Regulatory Commission is authorized and 
     directed to reinstate effective August 15, 1994 the 
     hydroelectric license previously issued for Project Number 
     3944. Within the meaning of section 13 of the Federal Power 
     Act time required for the commencement of construction of 
     such project shall be extended for not more than 3 
     consecutive 2-year periods.

              TITLE VI--PROJECTS IN THE STATE OF KENTUCKY

     SEC. 601. EXTENSION OF DEADLINE.

       That notwithstanding the time limitations of section 13 of 
     the Federal Power Act, the Federal Energy Regulatory 
     Commission, upon the request of the licensee for FERC project 
     numbered 10228 (and after reasonable notice), is authorized, 
     in accordance with the good faith, due diligence and public 
     interest requirements of such section 13 and the Commission's 
     procedures under such section, to extend the time required 
     for commencement of construction of the project for up to a 
     maximum of three consecutive two-year periods. This section 
     shall take effect for the project upon the expiration of the 
     extension (issued by the Commission under such section 13) of 
     the period required for commencement of construction of such 
     project.

             TITLE VII--PROJECTS IN THE STATE OF NEW MEXICO

     SEC. 701. EXEMPTION OF PORTION OF EL VADO HYDROELECTRIC 
                   PROJECT FROM LICENSING REQUIREMENT OF PART I OF 
                   THE FEDERAL POWER ACT.

       (a) Part I of the Federal Power Act shall not be applicable 
     to the portion of the El Vado Hydroelectric Project, New 
     Mexico (FERC project numbered 5226) that is described in 
     subsection (b).
       (b) The portion of the El Vado Hydroelectric Project 
     referred to in subsection (a) consists of the 69 KV 
     transmission line, including the right of way, which 
     originates in the switch yard of such project and extends 
     north to the Spills Switching Station operated by the 
     Northern Rio Arriba Electric Cooperative, Inc., located in 
     Rio Arriba County, New Mexico.

              TITLE VIII--PROJECTS IN THE STATE OF OREGON

     SEC. 801. EXTENSION OF DEADLINE.

       The Federal Energy Regulatory Commission is authorized and 
     directed to reinstate effective May 23, 1993 the 
     hydroelectric license previously issued for project numbered 
     7829. Commencement of construction within the meaning of 
     section 13 of the Federal Power Act shall commence within 
     four years of the date of enactment of this section.

             TITLE IX--PROJECTS IN THE STATE OF WASHINGTON

     SEC. 901. EXTENSION OF DEADLINE.

       Notwithstanding the time limitation of section 13 of the 
     Federal Power Act, the Federal Energy Regulatory Commission, 
     upon the request of the licensee for FERC project numbered 
     3701, is authorized, in accordance with the good faith, due 
     diligence, and public interest requirements of such section 
     13 and the Commission's procedures under such section, to 
     extend until May 31, 2000, the time required for the licensee 
     to commence the construction of such project.

            TITLE X--PROJECTS IN THE STATE OF WEST VIRGINIA

     SEC. 1001. EXTENSION OF DEADLINE.

       Notwithstanding the time period specified in section 13 of 
     the Federal Power Act (16 U.S.C. 806) that would otherwise 
     apply to the Federal Energy Regulatory Commission projects 
     numbered 6901 and 6902, the Commission shall, upon the 
     request of the licensee for such projects, in accordance with 
     the good faith, due diligence and public interest 
     requirements of such section 13 and the Commission's 
     procedures under such section and the procedures specified in 
     such section, extend the time period during which such 
     licensee is required to commence of construction of such 
     projects to terminate on October 3, 1999. This section shall 
     take effect for the projects upon the expiration of the 
     extension (issued by the Commission under such section 13) of 
     the period required for commencement of construction of such 
     projects. If the license issued for project numbered 6902 
     should expire prior to the date of enactment of this Act, the 
     Commission is authorized and directed to reinstate effective 
     October 15, 1994, the license previously issued for such 
     project and to extend the time required for the commencement 
     of construction of such project until October 3, 1999.

            TITLE XI--PROJECTS IN THE STATE OF PENNSYLVANIA

     SEC. 1101. EXTENSION OF DEADLINE.

       Notwithstanding the time limitations of section 13 of the 
     Federal Power Act, the Federal Energy Regulatory Commission, 
     upon request of the licensee for project number 4474, is 
     authorized, in accordance with the good faith, due diligence, 
     and public interest requirements of section 13 and the 
     Commission's procedures under such section, to extend until 
     April 15, 2001, the time required for the licensee to 
     commence construction of such project.


      amendment in the nature of a substitute offered by mr. sharp

  Mr. SHARP. Mr. Speaker, I offer an amendment in the nature of a 
substitute.
  The Clerk read as follows:

       Amendment in the nature of a substitute offered by Mr. 
     Sharp:
       Strike all after the enacting clause and insert:

     SECTION 1. EXTENSIONS OF DEADLINES FOR HYDROPOWER PROJECTS.

       (a) In General.--Notwithstanding the time limitations of 
     section 13 of the Federal Power Act (16 U.S.C. 806), the 
     Federal Energy Regulatory Commission, upon the request of the 
     licensees for FERC Projects No. 3701, 3943, 3944, 4204, 4474, 
     4660, 4659, 4797, 6901, 6902, 9423, and 10228 (and after 
     reasonable notice), is authorized, in accordance with the 
     good faith, due diligence, and public interest requirements 
     of such section 13 and the Commission's procedures under such 
     section, to extend the time required for commencement of 
     construction for each such project for a maximum of 2-years. 
     This section shall take effect for each such project upon the 
     expiration of the extension (issued by the Commission under 
     such section 13 or by Act of Congress) of the period required 
     for commencement of construction of such project.
       (b) Termination.--The authorization for issuing extensions 
     under this section shall terminate 3 years after the date of 
     enactment of this section. To facilitate requests for 
     extensions, the Commission may consolidate the requests. The 
     Commission shall, in the case of any project referenced in 
     subsection (a) that has had more than 2 extensions under the 
     Federal Power Act or any other provision of law, shall 
     examine and, at the time of granting extensions under this 
     Act, report to the Congress the reasons for delay in 
     construction by each licensee and the Commission's views on 
     the ability of the licensee to comply with the construction 
     requirements of the Federal Power Act before the end of such 
     extension.

     SEC. 2. REINSTATEMENT

       (a) In General.--The Federal Energy Regulatory Commission 
     authorized and directed to reinstate effective May 23, 1993, 
     in accordance with the good faith, due diligence, and public 
     interest requirements of section 13 of the Federal Power Act 
     (16 U.S.C. 806) and the Commission's procedures under such 
     section, the hydroelectric license previously issued for 
     Project No. 7829. Commencement of construction within the 
     meaning of section 13 of the Federal Power Act shall commence 
     within 4 years of such date.
       (b) Termination.--The authorization under this section 
     shall terminate 3 years after the date of enactment of this 
     section.

     SEC. 3. EXEMPTION OF PORTION OF EL VADO HYDROELECTRIC PROJECT 
                   FROM LICENSING REQUIREMENT OF PART I OF THE 
                   FEDERAL POWER ACT.

       (a) Exemption.--The Federal Energy Regulatory Commission 
     shall provide that the 69 KV transmission line, including the 
     right-of-way, which originates in the switchyard of the El 
     Vado Hydroelectric Project, New Mexico (FERC project numbered 
     5226) and extends north to the Spills Switching Station 
     operated by the Northern Rio Arriba Electric Cooperative, 
     Inc. (``NORA''), located in Rio Arriba County, New Mexico may 
     be exempt for the term of the applicable license from so much 
     of part I of the Federal Power Act as the Commission deems 
     necessary to permit NORA to effectively and prudently utilize 
     its system in conjunction with, and in furtherance of, the 
     license unless the Commission finds after reasonable notice 
     that such exemption is not in the public interest. The 
     Commission shall initiate this action upon application of the 
     licensee made within 120 days after the enactment of this 
     Act, and the Commission shall provide such exemption without 
     delay.

     SEC. 4. CERTAIN PROJECTS UNDER THE FEDERAL POWER ACT IN 
                   ALASKA.

       (a) Amendment to Section 2407(a).--Section 2407(a) of the 
     Energy Policy Act of 1992 is amended by striking ``may'' and 
     inserting ``shall, in the case of the projects referenced in 
     paragraphs (1) and (3) of this subsection and may, in the 
     case of the project in paragraph (2) of this subsection,''.
       (b) Amendment to Section 2407(f).--Section 2407(f) of such 
     Act is amended by adding the following new sentence at the 
     end thereof: ``The Commission shall, on its own motion, 
     provide such exemption at any time after the enactment of 
     this sentence, taking into consideration any application 
     filed with the Commission prior to such enactment. The 
     Commission shall report to the Congress the actions taken 
     under this section and if the Commission fails to grant any 
     such exemption in paragraphs (1) and (3) of subsection (a), 
     shall explain the reasons for such failure.''.

     SEC. 5. HAWAII LEGISLATIVE REPORT.

       The Federal Energy Regulatory Commission, taking into 
     consideration the Commission's Study, April 13, 1994, of 
     Hydroelectric Licensing in the State of Hawaii, shall 
     initiate a proceeding for the purpose of making 
     recommendations to the Congress in the first session of the 
     104th Congress for legislation to provide for the transfer to 
     the State of Hawaii of all or part of the Commission's 
     authority under the Federal Power Act for the licensing of 
     new hydroelectric projects in the State of Hawaii without 
     affecting the applicability of other Federal environmental 
     laws and regulations to such projects, without transferring 
     such authority to the State in the case of any such projects 
     that could conflict with the management and operation of any 
     National Wildlife Refuge or National Park in Hawaii, and 
     without, to the greatest extent possible, establishing a 
     precedent with respect to other States, Guam, the Virgin 
     Islands, and the Commonwealth of Puerto Rico. The Commission 
     shall obtain the views of the State of Hawaii and other 
     Federal environmental agencies on any proposed legislative 
     recommendation and shall include such views in the report of 
     the Commission transferring the Commission's recommendations 
     to the Congress. The Commission shall include its views and 
     recommendations and those of any individual member of the 
     Commission.

     SEC. 6. SIZE LIMITATIONS OF ELIGIBLE FACILITIES UNDER PURPA.

       Section 3(17)(E) of the Federal Power Act (16 U.S.C. 791a 
     and following) is amended by striking ``1994'' and inserting 
     ``1996''.
  Mr. SHARP (during the reading). Mr. Speaker, I ask unanimous consent 
that the amendment be considered as read and printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request from the 
gentleman from Indiana?
  Mr. DINGELL. Mr. Speaker, reserving the right to object, this is a 
very sad occasion for me, speaking on reservation, because this is 
probably the last piece of legislation that will be handled by the 
distinguished gentleman from Indiana [Mr. Sharp]. He has served on the 
Committee on Energy and Commerce with extraordinary distinction and 
ability. He has served as chairman of our Subcommittee on Energy and 
Power. He has handled difficult legislation during his career and has 
always done so with distinction, dedication, energy and dispatch.
  As chairman of the full committee I am able to say he has been one of 
the members that has made the subcommittee work, and he has been one of 
the Members that has made the Committee on Energy and Commerce work.

                              {time}  1940

  He is owed a great debt by his constituents for his extraordinary 
service here, but also by the House, by his colleagues, and by his 
chairman, and by the members of his committee. He has led and inspired 
an extraordinary staff and has accomplished some remarkable things 
during his career as chairman of that subcommittee, including writing 
some legislation which I never thought was going to achieve passage 
because of the complexity and because of the intense political feelings 
which surrounded that legislation. I wish to express to him my 
gratitude for his extraordinary service here, my good wishes to him for 
success in whatever undertakings he engages in after he leaves here, 
and to express to him and to his wife, K.K., and his colleagues on the 
committee, his colleagues in the House, as well as his colleagues from 
Indiana that he will know great happiness, that he will have great 
success, and that he will remember us with the same affection and 
respect with which we will carry him in our hearts.
  I know it is not in conformity with the rules, but I am sure the 
House will want to applaud the distinguished gentleman from Indiana.
  Mr. MOORHEAD. Mr. Speaker, will the gentleman yield?
  Mr. DINGELL. Further reserving the right to object, I am happy to 
yield to the gentleman from California [Mr. Moorhead], my dear friend, 
the minority member of the committee.
  Mr. MOORHEAD. Mr. Speaker, I would like to join with the chairman of 
our committee in commending the gentleman from Indiana [Mr. Sharp], 
chairman of our Subcommittee on Energy, for an outstanding job that he 
has done over a period of years. I can assure you the National Energy 
Act which came out of or subcommittee during your chairmanship will 
last for many, many years as a monument to, I think, our full committee 
and certainly to our subcommittee.
  I have had the honor to serve as the ranking member of your 
subcommittee during nearly a decade of your service. I have enjoyed 
working with you. I think our subcommittee has put out some very fine 
legislation during that time, and you deserve to be commended for the 
work that you have done.
  Mr. SHARP. Mr. Speaker, will the gentleman yield?
  Mr. DINGELL. Further reserving the right to object, I am happy to 
yield to the gentleman from Indiana.
  Mr. SHARP. Mr. Speaker, I thank the gentleman for yielding.
  It is an extraordinary honor for me to serve in the House of 
Representatives, and I just want to say that I hope that more of the 
American people will understand how many extraordinary individuals 
there are in the House of Representatives as Members and as staff who 
worked extremely hard on behalf of the public interest, and the 
American people ought to be grateful.
  Mr. DINGELL. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore (Mr. Kildee). Is there objection to the 
request of the gentleman from Indiana?
  There was no objection.
  The SPEAKER pro tempore. The question is on the amendment in the 
nature of a substitute offered by the gentleman from Indiana [Mr. 
Sharp].
  The amendment in the nature of a substitute was agreed to.
  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

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